Croitoru (not precedential): The Ultimate Expression Of Frustration With USCIS Refusal To Provide Information

In re Gheorghe Croitoru
No. 09-1675
Not Precedential
http://www.ca3.uscourts.gov/opinarch/091675np.pdf
April 20, 2009

Judges Barry, Ambro, and Smith. Per Curiam decision.

I admire the enthusiasm of Mr. Croitoru, who it seems is so frustrated that it is difficult to obtain a copy of his entire immigration file (also referred to as his A-file or alien file) along with the file of his parents, that he went off and filed a writ of mandamus in the Third Circuit against USCIS! Love the enthusiasm.

Unfortunately, the Third Circuit pointed out you need to file the writ of mandamus in the district court first, not directly in the Third Circuit. And also, you would need to show that no alternative remedy is available. The Third Circuit referred to FOIA, perhaps not knowing that FOIA takes an extremely long time for USCIS to respond to (and many people say the quality and quantity of their responses are quite disappointing).

Nevertheless, the debate about whether a FOIA would effectively be futile must be heard first in the district court, not the Third Circuit. So this case is truly fascinating for the depths of frustration USCIS causes someone who earnestly seeks a copy of his own file (and that of his parents). Good luck, Mr. Croitoru!